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Nigerian Farmers Win Oil Spill Case Against Shell In Dutch Court - Politics - Nairaland

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Nigerian Farmers Win Oil Spill Case Against Shell In Dutch Court by seunmsg(m): 4:23pm On Dec 18, 2015
Four Nigerian farmers will have the chance to sue Shell, the multinational oil and gas company, in the Netherlands for pollution they blame on leaking pipelines, a Dutch appeals court has ruled.

The farmers, backed by the Dutch branch of environmental group Friends of the Earth, first filed the case in 2008 against Shell in the Netherlands, wanting the Anglo-Dutch company to clean up devastating oil spills in four heavily polluted villages in Nigeria's oil-rich Niger Delta.

The case also asked Shell to prevent further spills and to pay compensation.

Shell had argued that it had no liability in the case and that Dutch courts did not have jurisdiction.

"It cannot be established in advance that the parent company is not liable for possible negligence of the Nigerian operating company," The Hague Appeals Court said in a statement.

Shell said it would comment after studying the decision.

Activists said Friday's ruling sets a landmark legal precedent that clears the way for Netherlands-based companies to be sued for alleged negligence of their subsidiaries elsewhere in the world.

"There is now jurisprudence that means victims of human rights violations or pollution can sue Dutch multinationals in the Netherlands," said Geert Ritsema of the Dutch arm of Friends of the Earth.

In 2013, judges rejected most of the case, saying pipeline leaks were caused by saboteurs, not Shell negligence.

The decision means the case can proceed, most likely next year.

In one case, the judges ordered a subsidiary - Shell Nigeria - to compensate a farmer for breach of duty of care by making it too easy for saboteurs to open an oil well head that leaked on to his land.


In another victory for the plaintiffs, the court also ordered Shell to give the farmers and environmental activists supporting their case access to internal documents that could shed more light on the case.

Shell's local subsidiary is the top foreign oil producer in the Niger Delta, an oil-rich region of mangroves and swamps about the size of Portugal.

Its production forms the backbone of crude production in Nigeria.

Shell, which discovered and started tapping the country's oil reserves in the late 1950s, has been heavily criticised by activists and local communities over oil spills and close ties to government security forces.


http://www.aljazeera.com/news/2015/12/dutch-court-shell-liable-nigeria-spills-151218120516428.html
Re: Nigerian Farmers Win Oil Spill Case Against Shell In Dutch Court by seunmsg(m): 4:36pm On Dec 18, 2015
This is a landmark judgement against shell and other multinational oil companies who are notorious for spilling crude oil and damaging the environment without caring about the lives of those living in the area.

Henceforth, they can no longer hide under the parent company/subsidiary argument. The parents company will now be held liable for negligence of the subsidiary and suit can now be instituted in parent company's home country. They must clean up all areas polluted and pay compensation to local people who are affected by the environmental pollution.
Re: Nigerian Farmers Win Oil Spill Case Against Shell In Dutch Court by Donpressman(m): 4:41pm On Dec 18, 2015
Every problem in this country can be traced back to a failed institution called the Nigerian Army. Corruption, boko haram, genocidal wars, Biafra, shiite...... Just name it!
Re: Nigerian Farmers Win Oil Spill Case Against Shell In Dutch Court by seunmsg(m): 5:05pm On Dec 18, 2015
Donpressman:
Every problem in this country can be traced back to a failed institution called the Nigerian Army. Corruption, boko haram, genocidal wars, Biafra, shiite...... Just name it!



What has military got to do with this news?
Re: Nigerian Farmers Win Oil Spill Case Against Shell In Dutch Court by Donpressman(m): 6:02pm On Dec 18, 2015
seunmsg:




What has military got to do with this news?
shut up! what has my post got to do with you?

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